Martin v CLM Ltd [2004] NIIT 9497_03 (7 September 2004)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Martin v CLM Ltd [2004] NIIT 9497_03 (7 September 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/9497_03.html
Cite as: [2004] NIIT 9497_03, [2004] NIIT 9497_3

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9497/03

    APPLICANT: Daryl Robert Martin

    RESPONDENT: CLM Limited

    DECISION

    The unanimous decision of the tribunal is that the tribunal makes a declaration that the respondent has made deductions from the applicant's wages in contravention of Article 45 of the Employment Rights (Northern Ireland) Order 1996.

    Appearances:

    The applicant did not appear and was not represented.

    The respondent did not appear and was not represented.

  1. The Originating Application of the applicant was listed for a decision as to whether the respondent had made unlawful deductions from his wages contrary to Article 45 of the Employment Rights (Northern Ireland) Order 1996. There being no appearance or notice of withdrawal by the applicant the tribunal in reaching its decision considered the Originating Application and a number of letters received by the tribunal from the respondent or his representative.

  2. From the documentation before the tribunal, in particular the letter sent to the applicant by the respondent dated 5 January 2004, the tribunal concluded that the respondents had made unlawful deductions from the applicant's wages prior to and including November 2003. The tribunal noted that the applicant failed to respond to numerous correspondences from the Office of the Industrial Tribunals and Fair Employment Tribunal. The tribunal was satisfied that, by the date of hearing, the applicant had received all wages due and owing to the applicant.

  3. The tribunal, in light of the provisions of Article 57(3) of the Employment Rights (Northern Ireland) Order 1996 makes no order other than a declaration that the respondent has made deductions from the applicant's wages in contravention of Article 45 of the Employment Rights (Northern Ireland) Order 1996.

    4. Chairman:

    Date and place of hearing: 7 September 2004, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9497_03.html